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Playing with Ijtihad www.mrdf.co.uk www.islam21c.com PLAYING WITH IJTIHAD By Shaqur Rehman PLAYING WITH IJTIHAD The Muslim Research and Development Foundation (MRDF) is a cooperative venture run by a number of leading Muslim scholars, Imams and professionals from a variety of backgrounds. With its two main fields identified as research and development, the foundation commenced its operation in 2002 and was awarded official charity status in 2007. The foundation strives to articulate Islam in a modern context and address the unique situation and challenges faced by Muslims in the West. An integral focus as a means to this end is the study, analysis & presentation of classical Islamic scholarship and its con- temporary application. Shaqur Rehman has recently completed a PGCE along with an MA in Applied Linguistics with a dissertation on the clash of civilizations, a linguistic perspective – English in the Muslim world. He preceded his secular study with a traditional Islamic education beginning in Egypt in 1999-2001 which he further developed in Syria and Saudi Arabia while teaching English in various universities and institutions. During his Islamic learning he managed to memorise the Holy Quran and attain authorisation (Ijaza) in recitation and various Islamic sciences including theology and jurisprudence. Shaqur is a member of MRDF. Formatted by www.islam21c.com for use by all. www.mrdf.co.uk www.islam21c.com CONTENTS Ijtihad 4 During the life of the Prophet 4 After the Messenger’s lifetime and in the view of his companions 5 The fathers of jurisprudence 7 Discussion 9 Conclusion 13 Citations and Sources 17 PLAYING WITH IJTIHAD Ijtihad is defined literally as ‘striving, exerting’ and, in the jurisprudential ( اد) Al-Ijtihad sense, ‘the capacity for making deductions in matters of law in cases to which no express text or rule already determined by ijma (consensus) is applicable’ 1. However, it has also been described as ‘rethinking’ 2 and ‘independent reasoning’ 3. Since the definition of the term dictates the bearing of the discourse it is imperative to investigate and analyse its origin and history. During the life of the Prophet 4 The most famous example of Ijtihad often noted from the lifetime of the Messenger of Allah is that of the event of Banu Quraizah. On the Prophet’s return (saw) from the battle of Khandaq he ordered that ‘no one should pray Asr except in Bani Quraizah’. ‘Asr (late afternoon) time came upon the companions during their journey, whereby some said that they would not pray the ‘asr prayer until they reached Bani Quraizah and others prayed it at its prescribed time stating that the other group had not understood the Prophet’s intended meaning. The case was later related to the Prophet where he did not censure any of the two parties 5. Both groups of companions in this case made Ijtihad within the confines of the revealed text and legislation. A party gave preference to the literal and specific command to the situation at hand which (to them) superseded other commands to pray the ‘asr prayer on time. The other group gave preference to the command being in context of other various commandments concerning praying ‘asr on time and thus preferred to take the view of what they believed was intended and more agreeable with analogy 6. Both meanings were completely plausible and consistent with the particular textual reference and the general Islamic mandate of complete submission to Allah and His Messenger. At the time of the event there was also no way of giving precedence to one opinion over the other with complete certainty. Even after the event scholars continue to discuss which of the two groups were closest to the truth in the matter 7. When the companions related their actions to the Prophet (saw) he did not censure any of the parties. Additionally, the fact that the matter was related back to the Messenger of Allah (saw) indicates that although such Ijtihad (or reasoning) was justified in the absence of any clarifying legislation, such reasoning would be either affirmed or negated by further legislation, a clear indication that the reference point was revelation and that the truth is singular and not a contradicting plurality 8. In the minds of the companions who comprise the earliest Muslims, revelation was the criterion which governed and set the framework for reasoning and clearly stood as the judge over it. Another example of the use of Ijtihad is the case of two sahabah (companions of the prophet) who were travelling when the time of prayer began. Wanting to offer their www.mrdf.co.uk www.islam21c.com prayers, they found that they had no water, and thus, they both prayed (without water for ablution). Later they came across water and realised that the prayer time had not come to an end so one of them repeated his prayer whereas the other didn’t. on hearing what happened, the Prophet (saw) said to the one who did not repeat his prayer: ‘ You attained the Prophetic way and your prayer sufficed you ’. He said to the one who repeated: ‘ you will be rewarded twice ’9. Again, from this example it is seen how the companions used reasoning within the framework of revelation, where they used reasoning to come to a conclusion on an issue for which they knew of no explicit reference in revelation. Later when they had the opportunity, they returned to the complete revelation in the Prophet (saw) for a final ruling on the matter and for guidance on what had transpired. In the Prophet’s response we observe that due to the companions approach, the Prophet (saw) did not censure anyone but rather indicated to the correct ruling in his saying: ‘ You attained the Prophetic way and your prayer sufficed you ’. He (saw) also made it clear that one who strives to reach the truth using the correct approach is always rewarded for his efforts whether he arrives at the correct answer or not, ‘ you will be rewarded twice ’. Another reference to Ijtihad which may be taken from the sirah (life of the Prophet) is that of the Prophet’s (saw) deputation of Muadh ibn Jabal (RA) to Yemen, a land with different customs and attitudes where he would inevitably encounter various challenges that were neither present in Makkah nor Madinah. The Prophet (saw) sent Muadh (RA) not merely as a messenger but rather a judge. As such he would be required to judge in all matters without being able to refer back to the Prophet (saw) or any further revelation that had descended after his departure from Madinah. When Muadh was departing the Prophet (saw) is reported to have said to him: ‘How will you judge the cases brought before you?" Mu'adh answered that he would apply the Book of Allah (the Qur'an). The Prophet asked again: "And how will you judge if you do not find an applicable provision in the Book of Allah?" Mu'adh answered that he would apply the Sunnah of the Prophet. Then the Prophet further inquired: "And how will you judge if you do not find an applicable provision in the Sunnah of the Prophet?" Mu'adh answered that he would exert his best efforts to form an opinion (Ajtahidu ra’yan). The Prophet's confirming comment was: "All praise is for Allah, the emissary (Mu'adh) of Allah’s Messenger found answers to the satisfaction of Allah’s emissary ’10 . After the Messenger’s lifetime and in the view of his (saw) companions Let us now turn to some examples that took place after the Messenger of Allah (saw) had passed away. Umar, the second caliph, wrote in a letter to his minister Shuraih: ‘If you find something in the Book of Allah judge by it and don’t look elsewhere. If a matter comes to you that is not in the Book of Allah then judge by what the Messenger prescribed. If a matter comes to you which is not mentioned in the Book PLAYING WITH IJTIHAD of Allah and there is no tradition in it from the Messenger of Allah, then rule in it by the consensus of the people. If a matter comes to you which is not in the Book of Allah, there is no tradition in it from the Messenger of Allah and none has spoken about it before you, if you wish to make Ijtihad then do so and if you want to refrain then do so, and I see refraining something good for you ’11 . Umar also wrote in a letter to Abu Musa Al-Ash’ari: ‘Recognise the comparable and the equivalent and draw analogical conclusions in matters ’12 . Ibn Masud, may Allah be pleased with him, said: ‘One who is presented with a case to judge then let him judge with the Book of Allah, if it is not in the Book of Allah then let him judge with what the Prophet (saw) judged in it. If a matter comes to him which is neither in the Book of Allah nor did the Prophet judge in it then let him judge with what the pious judged in it. If an issue comes to him which is not in the Book of Allah, the Prophet did not judge in it nor did the pious give a ruling for it, then let him exercise analogical reasoning, if he is not competent then let him leave it and not be embarrassed ’13 . When investigating the attitude of early Muslims towards Ijtihad it is important to note their negative attitude towards independent reasoning void of the framework and restrictions of Ijtihad and revelation.
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